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HIPAA Interim Final Rule, October 30, 2009

Client Alert | less than 1 min read | 11.06.09

On October 30, 2009, the Department of Health and Human Services (HHS) published an interim final rule conforming HIPAA's enforcement regulations to revisions made under the HITECH Act. The interim final rule strengthens HHS' civil money penalty authority by establishing categories of violations reflecting levels of culpability, increasing the civil penalty amounts, and modifying the affirmative defenses available to covered entities.

Click here to view a presentation on the HIPAA Final Rule [PDF]

Insights

Client Alert | 5 min read | 08.21.26

FTC Proposes Enforcement Policy Statement on Personalized Pricing: What Businesses Need to Know

On August 19, 2026, the Federal Trade Commission (FTC) announced a proposed Enforcement Policy Statement on personalized pricing — the practice of companies using consumers’ personal data to set individualized prices, discounts, coupons, or other incentives. The proposed statement, which is open for public comment for 30 days following publication in the Federal Register, marks a major step up in the FTC’s focus on data-driven pricing strategies and puts businesses across industries on notice that undisclosed or inadequately disclosed personalized pricing will not be tolerated. Importantly, while the proposed statement is not a binding legal requirement and does not create new legal obligations, it serves as an enforcement warning that the FTC is prepared to use its existing enforcement authority under Section 5 of the FTC Act (Section 5) and is also a potential harbinger of rulemaking. Businesses that engage in — or are considering — personalized pricing should carefully assess their disclosure practices and data collection procedures against the standards articulated in this statement....